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Case T-235/15: Judgment of the General Court of 5 February 2018 — Pari Pharma v EMA (Access to documents — Regulation (EC) No 1049/2001 — Documents held by the EMA and submitted in the context of the application for marketing authorisation for the medicinal product Vantobra — Decision to grant a third party access to the documents — Exception relating to the protection of commercial interests — No general presumption of confidentiality)

ECLI:EU:UNKNOWN:62015TA0235

62015TA0235

February 5, 2018
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19.3.2018

Official Journal of the European Union

C 104/26

(Case T-235/15) (<span class="super note-tag">1</span>)

((Access to documents - Regulation (EC) No 1049/2001 - Documents held by the EMA and submitted in the context of the application for marketing authorisation for the medicinal product Vantobra - Decision to grant a third party access to the documents - Exception relating to the protection of commercial interests - No general presumption of confidentiality))

(2018/C 104/33)

Language of the case: English

Parties

Applicant: Pari Pharma GmbH (Starnberg, Germany) (represented by: M. Epping and W. Rehmann, lawyers)

Defendant: European Medicines Agency (EMA) (represented by: T. Jabłoński, A. Rusanov, S. Marino, A. Spina and N. Rampal Olmedo, acting as Agents)

Interveners in support of the defendant: French Republic (represented by: D. Colas and J. Traband, acting as Agents) and Novartis Europharm Ltd (Camberley, United Kingdom) (represented by: C. Schoonderbeek, lawyer)

Re:

Action under Article 263 TFEU for the annulment of Decision EMA/271043/2015 of the EMA of 24 April 2015, granting to a third party, pursuant to Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43), access to documents containing information submitted in the context of an application for marketing authorisation for the medicinal product Vantobra.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Pari Pharma GmbH to bear its own costs and to pay those incurred by the European Medicines Agency (EMA), including those relating to the application for interim measures;

3.Orders the French Republic to bear its own costs;

4.Orders Novartis Europharm Ltd to bear its own costs.

(<span class="note">1</span>) OJ C 221, 6.7.2015.

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